Authority: IC 15-16-2-44

Affected: IC 13-11-2-265; IC 15-16-2

Sec. 28. (a) "Surface water" means waters of the state, as described in IC 13-11-2-265, present on the surface of the earth, including the following:

1. (1) Streams.
2. (2) Lakes.
3. (3) Ponds.
4. (4) Rivers.
5. (5) Swamps.
6. (6) Marshes.
7. (7) Wetlands.

(b) The term does not include the following:

1. (1) Temporary ponding in an agricultural crop growing area.
2. (2) Temporary puddles.
3. (3) Farmed wetlands.

4. (4) Private ponds that:

   1. (A) are under the care, custody, and control of the person applying or ordering the application of fertilizer material; and
   2. (B) do not have an outfall to other surface waters.

(State Chemist of the State of Indiana; 355 IAC 8-2-28; filed Feb 16, 2012, 11:50 a.m.: 20120314-IR- 355110364FRA; readopted filed Jul 5, 2018, 11:38 a.m.: 20180801-IR-355180129RFA; readopted filed Oct 11, 2024, 11:15 a.m.: 20241106-IR-355230830RFA)